# C_2015320EN.01000501.xml

| 28.9.2015 | EN | Official Journal of the European Union | C 320/5 |
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28.9.2015

EN

Official Journal of the European Union

C 320/5

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Order of the Court (Sixth Chamber) of 8 July 2015 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 1 de Miranda de Ebro — Spain) — Banco Grupo Cajatres SA v María Mercedes Manjón Pinilla, Comunidad Hereditaria formada al fallecimiento de D. M. A. Viana Gordejuela

(Case C-90/14) (1)

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((Reference for a preliminary ruling - Directive 93/13/EEC - Contract entered into between a seller or a supplier and a consumer - Mortgage contract - Default interest clause - Early repayment clause - Mortgage enforcement proceedings - Moderation of the amount of interest - Powers of the national court))

(2015/C 320/06)

Language of the case: Spanish

Referring court

Referring court

Juzgado de Primera Instancia e Instrucción No 1 de Miranda de Ebro

Parties to the main proceedings

Parties to the main proceedings

Applicant: Banco Grupo Cajatres SA

Applicant:

Defendants: María Mercedes Manjón Pinilla, Comunidad Hereditaria formada al fallecimiento de D. M. A. Viana Gordejuela

Defendants:

Operative part of the order

Operative part of the order

| 1) | Articles 3(1), 4(1), 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the assessment by the national court of the unfairness of contractual clauses coming under that Directive requires it to take into account the nature of the goods and services which form the subject of the contract concerned by referring, in relation to the date of the conclusion of the contract, to all the circumstances surrounding it. |
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1)

Articles 3(1), 4(1), 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the assessment by the national court of the unfairness of contractual clauses coming under that Directive requires it to take into account the nature of the goods and services which form the subject of the contract concerned by referring, in relation to the date of the conclusion of the contract, to all the circumstances surrounding it.

| 2) | Articles 6(1) and 7(1) of Directive 93/13 must be interpreted as meaning that they do not preclude national provisions for moderating default interest under a mortgage contract, provided that those national provisions:






  — | do not prejudice to the assessment by the national court hearing mortgage enforcement proceedings relating to that contract on the ‘unfairness’ of the default interest clause, and |
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2)

Articles 6(1) and 7(1) of Directive 93/13 must be interpreted as meaning that they do not preclude national provisions for moderating default interest under a mortgage contract, provided that those national provisions:

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do not prejudice to the assessment by the national court hearing mortgage enforcement proceedings relating to that contract on the ‘unfairness’ of the default interest clause, and

| — | do not prevent that court setting aside that clause should it conclude that the latter clause is ‘unfair’ within the meaning of Article 3(1) of Directive 93/13. |
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do not prevent that court setting aside that clause should it conclude that the latter clause is ‘unfair’ within the meaning of Article 3(1) of Directive 93/13.

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(1)  OJ C 151, 19.5.2014.

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